𝟏. 𝐂𝐚́𝐜 𝐪𝐮𝐲 đ𝐢̣𝐧𝐡 𝐜𝐡𝐮𝐧𝐠 𝐯𝐞̂̀ 𝐡𝐨̂̀ 𝐬𝐨̛ 𝐛𝐞̣̂𝐧𝐡 𝐚́𝐧

In accordance with the provisions of Clause 1, Article 59 of the 2009 Law on Examination and Treatment ("Law on Medical Examination and Treatment"), medical records are medical, healthcare and legal documents, each patient has only one medical record for each medical examination and treatment at a medical examination and treatment facility.

In accordance with the provisions of Point a, Clause 3, Article 59 of the Law on medical examination and treatment, medical records are kept depending on the confidentiality prescribed by the law on the protection of state secrets.

In accordance with the provisions of Clause 4, Article 59 of the Law on medical examination and treatment, the head of a medical examination and treatment facility shall decide to allow the exploitation of medical records in the following cases:

a) Interns, researchers, practitioners in medical examination and treatment facilities are allowed to borrow on-site medical records to read or copy for research or professional technical work;

b) The representatives of healthcare state management agencies directly managing medical facilities, investigating agencies, procuracies, courts, medical inspectors, insurance agencies, forensic examination organizations, mental forensic examination organizations, lawyers are allowed to borrow on-site medical records to read or copy to serve assigned tasks in accordance with their authorized competence.

𝟐. 𝐍𝐠𝐮̛𝐨̛̀𝐢 𝐛𝐞̣̂𝐧𝐡 𝐜𝐨́ 𝐪𝐮𝐲𝐞̂̀𝐧 𝐲𝐞̂𝐮 𝐜𝐚̂̀𝐮 𝐛𝐞̣̂𝐧𝐡 𝐯𝐢𝐞̣̂𝐧 𝐜𝐮𝐧𝐠 𝐜𝐚̂́𝐩 𝐭𝐚̂́𝐭 𝐜𝐚̉ 𝐡𝐨̂̀ 𝐬𝐨̛ 𝐛𝐞̣̂𝐧𝐡 𝐚́𝐧 𝐜𝐮̉𝐚 𝐡𝐨̣?

In accordance with the provisions of Clause 1, Article 11 and Point c, Clause 4, Article 59 of the Law on examination and treatment, the patient or the patient's representative shall receive a summary of their medical record.

Therefore, in case the patient or the representative submits a written request to the hospital for all of their medical records, the hospital's refusal is consistent with the law because the medical records are considered confidential documents in medical fields. A patient or representative's representative is only allowed to receive a summary of their medical record as prescribed in Clause 1 Article 11 of the 2009 Law on examination and treatment. Fields: healthcare, legal consultancy, free legal support

Above is the writing about Does the hospital have the right to refuse in case a patient submits a written request to the hospital for all of their medical records? Why?For readers wishing to be consulted, please contact us via hotline: (84–28) 2253 7956, website medlaw.vn or email: medlawteam@gmail.com.

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